Legal Question in Family Law in New Mexico

The questions that immediately come to mind when I first saw your question are the following: (There is no particular order as to importance)

(1) When you father died was he retired? (2) Was he, in fact, divorced? (3) Did the ex-wife have an attorney during the divorce? (4) Was your father's 'estate' actually probated? (5) Was the probate closed (as in completed)? (6) Were you the executor of the estate? (7) how long ago was the divorce? (8) Was there a suggestion of death [that is a term of art] filed in the divorce case? (9) Was there a substitution of parties in the divorce case? (10) Did the ex-wife try to become a party in the Probate case? (11) Was the ex-wife given notice of the Probate case? (12) Was the divorce case actually completed with a final order?

The quick and dirty answer is that his ex-wife is primarily responsible for obtaining the order that she is seeking. However, without knowing the answer to the questions I posed in this note I do not believe that you have the authority to sign such a document? There are specific steps to take in the divorce case when a party has passed. If you are the executor of your father's estate it may be the responsibility of the ex-wife to perform the necessary legal actions in the divorce case to have you (or the executor) brought into the divorce case. I do not know of any attorneys in your zip code who are probate attorneys; however, if you made an appointment to see / talk to a lawyer who practices family law in your town I am certain that such attorney will put you on the right track. You also have a "Pro Se Self Help Center" up on the 2nd Floor of the District Courthouse in your town. Print out this answer and take it with you to the Self Help Center and I am sure that Andrea will be able to help you with the next step.

Good Luck

Law Guru